Fouad v. Blinken et al

Filing 14

ORDER DISMISSING CASE: IT IS ORDERED DIRECTING the Clerk to terminate this action given Plaintiff's notice of voluntary dismissal (Doc. 13) under Fed. R. Civ. P. 41(a)(1)(A)(i). Signed by Judge John C Hinderaker on 5/9/2022. (MCO)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Baker Jabbar Fouad,
Plaintiff,

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ORDER

v.

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No. CV-22-00099-TUC-JCH

Antony Blinken, et al.,

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Defendants.

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On February 28, 2022, Plaintiff Baker Jabbar Fouad (“Plaintiff”) filed a Petition for

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a Writ of Mandamus and a Complaint for Injunctive Relief pursuant to the Immigration

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and Nationality Act, 8 U.S.C. § 1101, et seq., the Administrative Procedures Act, 5 U.S.C.

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§ 701, et seq., and 28 U.S.C. §§ 1331 and 1361, et seq. (Doc. 1.) Pending before the Court

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is Plaintiff's Notice of Voluntary Dismissal. (Doc. 13.)

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Federal Rule of Civil Procedure 41(a)(1)(A)(i) governs voluntary dismissals filed

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by a plaintiff. A plaintiff may dismiss his or her action so long as the plaintiff files a notice

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of dismissal prior to the defendant's service of an answer or motion for summary judgment.

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See American Soccer Co., Inc. v. Score First Enterprises, 187 F.3d 1108 (9th Cir.1999)

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(internal citations and quotations omitted). Here, Plaintiff has met the requirements under

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the applicable Rule and there is no further action for this Court to take other than to ensure

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that the Clerk of Court terminates this action. Accordingly,

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IT IS ORDERED DIRECTING the Clerk to terminate this action given Plaintiff's
notice of voluntary dismissal (Doc. 13) under Fed. R. Civ. P. 41(a)(1)(A)(i).
Dated this 9th day of May, 2022.